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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of February 8, 2006 No. 122

About the approval of the Procedure for determination of the size and indemnification caused to the power supplier owing to plunder of electrical energy

According to article 27 of the Law of Ukraine "About power industry" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for determination of the size and the indemnification caused to the power supplier owing to plunder of electrical energy who is applied.

2. The national commission of regulation of power industry to develop and approve technique of scoping and cost of the electrical energy which is not shortchanged owing to violation by consumers of instructions for use by electrical energy in three-months time.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of February 8, 2006, No. 122

Procedure for determination of the size and the indemnification caused to the power supplier owing to plunder of electrical energy

1. According to this Procedure the size of the losses caused to the power supplier owing to short-reception of means for the electrical energy stolen by the consumer by its unauthorized use without use of metering devices (if such application is obligatory) or in case of intentional damage of metering devices or any other method is determined, and also compensation of the losses caused to the power supplier is carried out.

2. Action of this Procedure extends to all consumers of electrical energy - business entities and physical persons which use electrical energy for own requirements.

In case of the due notice of the power supplier in writing or with use of the digital integrated information and analytical system "Single Platform of Housing and Communal Services" (dalee-Edinaya platform) (in the presence of electronic offices at the consumer and the power supplier) about the damages of devices (systems) of accounting, seals revealed by the consumer on devices (before identification of violation by the representative of the power supplier) and in the absence of strong indications of intervention in operation of devices (systems) of accounting the specified Procedure is not applied.

3. The facts of damage of devices (systems) of accounting, seals on devices, and also the facts of intervention in their work which led to understating of indications are established by the specialized organizations (companies) which have the right to conducting the corresponding check, with involvement of representatives of Gospotrebstandart.

4. The amount of the electrical energy which is not shortchanged owing to violation by consumers of instructions for use by electrical energy is determined by the size of settlement consumption of electrical energy during the violation period based on the statement of violation which is drawn up according to the Rules of the retail market of electrical energy approved by NKREKP.

Implementation in the automated mode with use of the Single platform (in the presence of electronic offices at the consumer and the power supplier) the corresponding procedures provided by Rules of the retail market of electrical energy, in particular is allowed:

loading on the Single platform of electronic copy of the statement of violation which is drawn up in paper form;

transfer to concerned parties of electronic copy of the act of violation confirmed by means of the digital signature.

5. Calculation of cost of the electrical energy which is not shortchanged owing to violation by consumers of instructions for use by electrical energy is performed on the rates established for the corresponding customer group which were effective during violation.

6. Based on the act of the revealed violations the power supplier calculates the size of the losses caused owing to stealing of electrical energy and sends the consumer of electrical energy bill for their payment.

The specified account can be created and sent to the consumer for payment in the automated mode with use of the Single platform (in the presence of electronic offices at the consumer and the power supplier).

The consumer of electrical energy performs payment of the specified losses within 30 days after receipt of the account.

In case of refusal the consumer to pay damages of confirmation of the fact of plunder of electrical energy and claiming damages it is performed judicially.

7. The decision of the power supplier concerning the determination of the size and procedure for indemnification caused to it owing to plunder of electrical energy can be appealed in the procedure established by the law.

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